Richard Sears Tree Experts

Richard Sears Tree Experts - Terms and Conditions

Effective Date: 2024-7-13

1. Acceptance of Terms

By engaging with or utilizing the services of Richard Sears Tree Experts, you (hereinafter referred to as "Client," "you," or "your") agree to abide by these Terms and Conditions. These terms outline the rights and responsibilities of both parties, Richard Sears Tree Experts (hereinafter referred to as "Company," "we," "us," or "our") and the Client, concerning the provision of tree-related services.

2. Services Offered

   1. The Company provides various tree-related services, including but not limited to tree removal, tree trimming, stump grinding, tree health assessment, and emergency tree services.

   2. The specific services to be provided will be detailed in the service agreement or proposal provided by the Company, along with associated costs, timelines, and any relevant terms.

   3. Winter Weather Matiniance

      1. All work will be done with quality workmanship, equipment, and materials. The contractor will not be held responsible to monitor the property for slippery areas. Agent/customer maintains the responsibility for monitoring and inspecting premises.

      2. SNOW OR WATER FALLING FROM ROOF: The contractor is not responsible for ice or snow build-up in areas that have already been cleared, or into areas to be cleared. The agent/customer may request to have it removed; an additional cost may be charged. THIS WILL BE AVAILABLE AT ADDITIONAL COST, UPON REQUEST ONLY.

      3. ICE REMOVAL: The contractor is not responsible for ice accumulation or removal, however, removal will be available, upon request from the agent/customer. During ice removal, hardscapes may be scraped by the machines, the contractor does not assume responsibility to fix the hardscapes from these occurrences. Contractor is not responsible for the melting and/or refreezing of snow, ice or rain after application of salt or sand as directed by the agent/customer. THIS WILL BE AVAILABLE AT ADDITIONAL COST, UPON REQUEST ONLY.

      4. It is expected that the occupants will cooperate in moving cars to enable the plowing of parking areas. Parking areas not made available to the contractor will be left unplowed. Unplowed areas may be plowed at a later time at additional cost. The contractor will not assume responsibility for any snow or ice buildup, or for any related problems or difficulties due to the aforementioned situation.

      5. It is not the contractor’s responsibility to apply salt or sand in between any vehicles in the parking areas that are not promptly moved. Any areas with vehicles that are not made available to salt or sand may be done at a later time, at an additional cost. It is the agent/customer responsibility to inform the contractor when the area is made available.

      6. The contractor will plow in front of each mailbox as close as possible, but access to the mailbox after having done so is not guaranteed.

      7. Turf damage, shrub damage, driveway or walkway damage or any general landscape damage occurring during winter maintenance is not the responsibility of the contractor.

      8. In the event of damage or injury to persons or property, the contractor will report the incident to the proper authorities.

      9. In the event of severe storm conditions where excessive damage has been created by weather conditions, the contractor will be made available to clean or correct any related problems upon request by the agent/customer. This will result in an additional charge. THIS IS NOT INCLUDED IN THIS CONTRACT, BUT MAY BE NEGOTIATED AS THE NEED ARISES.

      10. It is both the goal and desire of this contractor to provide the highest level of service needed to obtain quality results. The agent/customer should bring any concern to the attention of both the site supervisor and the contractor to resolve any difficulties or complaints that may arise.

      11. Additional charges may occur if snow removal needs to be done either before or after the contract effective dates.

      12. Contractor may install stakes where necessary to limit damage to landscape and hardscape areas while plowing. Any stakes that are removed before plowing occurs by agent/customer or others, will be replaced at an additional charge to the agent/customer. Any damage done to properties where stakes have been removed by agent/customer or others, is not the responsibility of the contractor.

      13. Apartment complexes, condominiums, and HOA must have a plan for resident parking during storms. This plan must be worked out with the contractor and distributed to all residents before the first snowfall. It is the responsibility of the agent/customer to enforce the plan, any problems related to residents not moving cars to appropriate areas will not be the responsibility of the contractor. Additional visits to clean up snow or to apply salt applications due to residents not following the plan, will result in an additional charge to the agent/customer.

      14. Services of Contractor are deemed to be satisfactory unless agent/customer notifies contractor of a problem within 24 hours of the services being performed. In the event of a snow fall Plowing parking area/driveway: All parking areas/driveways described will be plowed upon an accumulation of Three inches of fresh snowfall unless defined in service agreement..

      15. STORM CONDITIONS: During a storm, plowing will occur periodically, or even frequently, depending on snow accumulation. Days and hours of operation will be taken under consideration as winter conditions prevail. There must be at least three inches of snow accumulation to plow unless defined in the service agreement.

      16.  Walkway shoveling/snow blowing: All walkways and steps described shall be shoveled or snow blown within a reasonable amount of time. Contractor will only snow blow the premises upon an accumulation of three inches of fresh snowfall unless defined in service agreement..**Snow blowers do not work in wet, heavy snow and will not be used.

      17. STORM CONDITIONS: During a storm, shoveling and snow blowing will occur periodically, or even frequently, depending on snow accumulation. Days and hours of operation will be taken under consideration as winter conditions prevail.** Again, there must be at least three inches of accumulation to shovel or snow blow.

      18. Loader and dump truck: A loader and dump truck will be available to remove snow from the parking area upon request of the agent/customer. THIS WILL BE AVAILABLE AT ADDITIONAL COST, UPON REQUEST ONLY.

      19. Salting: An application of salt will be spread over the parking area described, upon request by the agent/customer. Slippery conditions not known; to the contractor is not the responsibility of the contractor. Agent/customer maintains the responsibility for monitoring and inspecting premises. Availability of salt is not guaranteed, material shortages beyond contractors control are not the responsibility of the contractor, material shortages may result in price increase.

      20. Ice melter: An ice melter product will be spread only over walkways described upon request by agent/customer. Slippery conditions not known; to the contractor is not the responsibility of the contractor. Agent/customer maintains the responsibility for monitoring and inspecting premises.

3. Estimates and Payments

   1. The Company will provide a written estimate for the proposed services based on the information provided by the Client. The estimate will include the scope of work, costs, and payment terms.

   2. A deposit may be required before commencing any work. The deposit amount will be specified in the estimate.

   3. Payment for services rendered is due upon completion of the project, unless otherwise specified in the estimate.

   4. Any additional work not included in the original estimate will require approval from the Client and may incur extra charges.

   5. The contractor reserves the right to use pictures of property for advertising, marketing or training purposes.

4. Cancellation and Rescheduling

   1. If the Client needs to cancel or reschedule a scheduled service, notice must be provided to the Company at least [X] days in advance. Failure to provide timely notice may result in a cancellation fee.

   2. WINTER CONTRACT CANCELLATION - it would be the expectation that if the work is not performed adequately, the contract would be canceled for nonperformance. In fairness to all parties, monies earned up to the point of cancelation are required to be paid at the rate stated for the work, if the winter contract is canceled by the agent/customer any time before the beginning of the fourth month of the contract, the agent/customer will pay 75% of the contract price to the contractor. If the contract is canceled by the agent/customer after the fourth month of service, the contract price will be pro-rated, and the agent/customer will pay any additional monies owed to the contractor at that time. The contractor does not assume nor agree to a price differential due to the agent/customer inability to secure a replacement contractor at above or below the original contracted amounts nor assumes any liability for such exposure. Cancelation notice must be given in written form.

5. Liability and Insurance

   1. The Company holds liability insurance to cover any damages that may occur during the provision of its services. However, the Client is encouraged to notify their property insurance provider before the commencement of work.

   2. The Client understands that tree-related services carry inherent risks, and the Company will not be held liable for damages, injuries, or accidents that result from unforeseen circumstances, acts of nature, or circumstances beyond our control.

   3. The Client agrees and understands that we utilize large equipment and make all attempts to mitigate damage however client waive any claims for damages to their yard and driveway arising from the provision of tree-related services by Richard Sears Tree Experts.

   4. The contractor does not assume responsibility for any injury or accident resulting from adverse weather or job site conditions, it is the responsibility of the agent/customer to notify the contractor of any adverse conditions that need attention. Contractor is not responsible for injuries or loss that occur after the contractor leaves the premises.

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6. Client's Responsibilities

   1. The Client must ensure that they have the necessary permissions, permits, or authorizations for the Company to perform tree-related services on their property.

   2. The Client is responsible for providing accurate and complete information about the property and any potential hazards.

7. Warranty

   1. The Company provides a limited warranty for the services performed. The terms and duration of the warranty will be specified in the service agreement.

8. Governing Law

   1. These Terms and Conditions are governed by the laws of the state of New York. Any disputes arising from these terms shall be resolved in the state or federal courts located within the state of New York.

9. Legal Fees

   1. In the event of any legal disputes or claims arising from the provision of services by Richard Sears Tree Experts, the prevailing party shall be entitled to recover their reasonable attorney's fees and court costs from the non-prevailing party.

By engaging with Richard Sears Tree Experts' services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

For questions or concerns about these terms, please contact us at 518-793-3602.

Richard Sears Tree Experts